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(영문) 인천지방법원 2020.07.23 2020고단4043
감염병의예방및관리에관한법률위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

In order to prevent infectious diseases, the Minister of Health and Welfare, a Mayor/Do Governor, or the head of a Si/Gun/Gu shall take measures to hospitalize or isolate the infected in an appropriate place for a certain period, or take some measures necessary therefor, and no person shall comply with such measures.

On April 3, 2020, the Defendant was suspected of entering the Republic of Korea through the Incheon Airport and having contacted with the patients with infectious diseases, and the isolation period was taken from April 4, 2020 to April 17, 2020, by a person under the Michuhol-gu Incheon Metropolitan City Building B, who is the Defendant’s residence, for prevention of “conavi infection infection-19” from the head of the Michuhol-gu Incheon Metropolitan City Public Health Center that was delegated with the preventive measures by the head of Michuhol-gu Incheon Metropolitan City public health center to take the preventive measures against infectious diseases.

Nevertheless, the Defendant, from around 12:00 on April 5, 2020 to 20:00 on the same day, visited the Plaintiff, and visited the E department stores and the F shop located in the Seoul Gangnam-gu Seoul Metropolitan Government D, thereby failing to comply with the above measures of isolation.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of G and H prepared;

1. A report on investigation (including attachment of the current status of entry or departure for each suspect) in an accusation;

1. Application of Acts and subordinate statutes of quarantine notice;

1. Article 79-3 of the Infectious Disease Control and Prevention Act and Articles 79-3 (5) 5 and 49 (1) 14 of the Act on the Prevention of Contagious Diseases and Prevention of Punishment for Criminal Crimes; Selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Considering the present situation due to the reason for sentencing of Article 334(1) of the Criminal Procedure Act Article 334(1) of the provisional payment order due to “cona virus infection-19”, the Defendant’s act of violating self-recovering measures should be punished strictly.

However, the defendant's self-recoveration period is not relatively longer long, and the defendant's "Coinavirosis-19" is judged as a voice.

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